A Santa Barbara Superior Court judge has agreed to dismiss one special circumstance related to kidnapping while keeping another involving robbery in the case of a Lompoc man charged with murder.
Clay Martin Burt Murray, 64, was arrested in October 2014 on a murder charge after he allegedly fatally shot Rebecca Maxine Yap, 37, at a home in the 300 block of North Daisy Street in Lompoc.
Yap’s last known address was in Santa Maria.
Before she died, the victim reportedly told officers that Murray was the person who shot her in the abdomen.
In this week’s hearing in Santa Maria, the defense had challenged whether sufficient evidence existed to keep special circumstances of kidnap and robbery.
Judge Gustavo Lavayen dismissed the allegation related to kidnapping but kept the special circumstance related to committing murder during the commission of a robbery, according to Stephen Foley, supervising deputy district attorney
The hearing Wednesday included playing a video from the crime.
A trial is tentatively set for Feb. 1, but the attorneys and defendant — who is represented by Ventura attorney Joseph Lax — are scheduled to return Jan. 27 to confirm whether all sides are ready to proceed.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.